Pezzola, from Rochester, New York, is one of at
least six alleged Proud Boys facing criminal charges stemming from the
attack by Trump's supporters on the US Capitol on January 6, which left
five people dead and interrupted Congress from certifying President Joe
Biden's election victory.Pezzola has
been arraigned on 11 charges, including conspiracy, civil
disorder, unlawfully entering restricted buildings, and assaulting,
resisting, or impeding a United Stated Capitol police officer.
Pezzola's
lawyer Jonathan Zucker, in a 15-page court filing earlier on Wednesday,
echoed arguments that US House Democrats have made repeatedly this week
during Trump's impeachment trial in the Senate, telling the judge his
client was duped by Trump's lies that the election had been stolen and
acted on 'delusional belief that he was a "patriot" protecting his
country,' reported Rochester Democrat & Chronicle.
Pezzola,
who he claimed has 'minimal' involvement with the Proud Boys, 'was one
of millions of Americans who were misled by the President's deception,'
Zucker wrote, noting there was 'no rational basis for such a claim.'
He
added that his client, who is a retired US Marine, 'was responding to
the entreaties of the then commander in chief, President Trump. The
President maintained that the election had been stolen and it was the
duty of loyal citizens to "stop the steal."'
The lawyer further argued that Pezzola did
not act out of criminal intent, but rather out of 'a frighteningly
confused and distorted sense of conscience.'
Zucker
added in a footnote, referring to Trump: 'many of those who heeded his
call will be spending substantial portions if not the remainder of their
lives in prison as a consequence. Meanwhile Donald Trump resumes his
life of luxury and privilege.'
Trump
was impeached by the Democratic-controlled House of Representatives for
the second time in his one-term presidency a week after the Capitol
riots on a charge of inciting an insurrection. His impeachment trial in
the US Senate is entering Day 3 on Thursday.
Pezzola
and another alleged Proud Boy, William Pepe, 31, pleaded not guilty to
the charges against them on Tuesday, after prosecutors said they have
evidence to suggest the pair conspired to impede police from defending
the US Capitol.
Pezzola was mentioned
by name during Day 2 of Trump's Senate trial on Wednesday, as
impeachment managers for the House of Representatives offered a detailed
account of the attack on the Capitol.
'You
can see Pezzola in the mob, chase Capitol officer Eugene Goodman
through the building,' said Representative Stacey Plaskett, a Democrat
from the Virgin Islands, reported Bloomberg.
Goodman
has been hailed as a hero for leading the rioters away from the US
Senate chamber and directing Senator Mitt Romney to safety.
Prosecutors say the FBI uncovered a thumb drive belonging to Pezzola that contained instructions on how to make bombs.
Among
the trove of instruction manuals were titles including: 'Advanced
Improvised Explosives,' 'Explosive Dusts,' 'Incendiaries,' 'The Box Tube
MAC-11: The Ultimate DIY Machine Pistol,' 'Ragnar's Big Book of
Homemade Weapons,' and 'The Advanced Anarchist's Arsenal: Recipes for
Improvised Incendiaries and Explosives.'
Pezzola, seen with a cigar in his
mouth, took part in a march organized by Proud Boys in support of
President Trump on December 12
Prosecutors also said a witness told
authorities Pezzola was among a group of rioters armed with firearms or
with access to firearms who said they 'planned to kill every single
'm**f**er' they can.'
The witness also told the FBI that Pezzola and his group 'would have killed Mike Pence if given the chance.'
According
to a criminal complaint, Pezzola bragged about breaking windows and was
quoted as saying: 'Victory smoke in the Capitol, boys. This is f**king
awesome. I knew we could take this motherf**ker over [if we] just tried
hard enough.'
US Magistrate Judge
Robin Meriweather said it was a 'close call' in deciding whether Pezzola
should be detained, but ultimately determined he posed a danger to the
community.
She earlier agreed to allow
another alleged Proud Boy facing criminal charges, Nicholas DeCarlo, to
be released pending trial. Meriweather ordered him not to make posts on
social media.
Dozens of those arrested are alleged to have ties to or share sympathies with far-right groups or militias.
In addition to a focus on the
Proud Boys, the government has charged several alleged members of the
Oath Keepers, an anti-government militia, with conspiring to storm the
Capitol.
One of those defendants,
Thomas Caldwell, in a court filing this week denied being a member of
the Oath Keepers and said physical ailments would have prevented him
from forcibly storming the Capitol.
More than 200 people have been arrested so far in connection with the violent insurrection in Washington DC.
EDITOR'S NOTE: QAnon Shaman Jacob Anthony Chansley now also claims he was misled by Trump into storming the Capitol.
Jacob Anthony Chansley inside the Senate chamber with a spear on his flagpole
According to Law & Crime, his lawyer says, "He regrets very, very much having not just been duped by the president,
but by being in a position where he allowed that duping to put him in a
position to make decisions he should not have made,"
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